Archives For Oklahoma employment law

If you are a business owner or someone in a position of authority with a business, do you know if your business required to pay overtime to employees?

You might be surprised by the answer, read on to find out.

For Oklahoma employers covered by the federal Fair Labor Standards Act (“FLSA”), the FLSA controls the payment of overtime.  Here are the basic requirements your business must meet to required to pay overtime pay:
  • The business must be covered by the FLSA.  Consider this blog post to answer the question of whether your business covered by the FLSA.
  • The employee must not be an exempt employee to qualify for overtime pay.  Consider this post for the type of employees who might be exempt from the FLSA.
  • The employee must work more than 40 hours in one work week. 

 

What is the work week? I have seen some uncertainty about this from employers.  According to the United States Department of Labor:

The Act applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

 

To summarize:  All nonexempt employees of an FLSA-covered employer must be paid at a time and a half for all hours worked over 40 in the same work week.


Discouraging fact provided by the Tulsa World:

Oklahoma Minimum Wage

Oklahoma Minimum Wage

If I am an Oklahoma business with independent contractors, do I still have to respond to an income assignment for child support?

Read on to find out.

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Are you an employer?  Have you ever terminated an employee or had an employee leave?

If the answer is “yes”, consider this checklist of things to do after terminating an employee:

1⃣.  Pay the final paycheck.  Oklahoma law requires an employee to pay the final paycheck by the date that paychecks would have regularly been paid.  There are substantial penalties if the check is not paid.  No offsets or deductions are allowed from the paycheck unless the employee has agree in writing to them.

2⃣.  Recover company-owned property.  If the employee has a car, a phone, tools or other equipment, be certain to plan for return of it prior to the employee’s final departure.

3⃣.  Eliminate security access.  If the employee has access to password-protected websites or any confidential company information, cut-off the employee’s access to reduce risk of the unauthorized capture of information.

4⃣.  Remove employee as point of contact.  Often, one employee is the point of contact for goods and services used and purchased by the company.  The vendors that provide these goods and services are familiar with the employee.  Upon the employee’s departure, contact the vendors and make arrangement for a new point of contact.  Sometimes this may require something in writing from the company to the vendor.

Are there other issues you have seen that need to be addressed when an employee leaves?


Amtrak employee checks with the station at the Los Angeles Union Passenger Terminal, May 1974

Your employment is over, terminated or quit, and now one of the questions on most people’s minds is: When do I get my final pay check?

Under Oklahoma law, regardless of the reason for termination, an employer is required pay the employee’s final wages in full, less any legal authorized offsets, at the next regular designated payday established for the pay period in which the work was performed either through the regular pay channels or by certified mail postmarked within the deadlines specified by law if requested by the employee.

There are substantial penalties for failing to pay wages even if you [the employer] believe you have a stellar reason for non-payment.  There are a few circumstances where a “bona-fide disagreement” over what is due could relieve an employer from being penalized for failure to pay.

If you [the employer] think you have one of those rare, limited circumstances, consult an attorney.

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I usually cover legal topics that I see in my practice, particularly if they are common issues small businesses confront. One of those of areas is federal employment law. You might recognize the area more rapidly through terms such as “sexual harassment” racial discrimination” or “wrongful termination.” All of these issue emenate from federal employment law, laws created in Washington, D.C. but applicable to many employers throughout the United States.

What businesses are covered by federal employment law? What types of things are prohibited under federal employment law? What can a business do to eliminate risks of violating federal employment law? Find out the answers to these questions and more by reading the series “Explaining Federal Employment Law”.

What is Federal Employment Law?

What areas are covered by Federal Employment Law?

Is your business covered by federal employment law?

What steps can employers take to protect themselves from employment law claims?

Have you every wondered what are a few reasonable actions you can take to protect your business in an employment discrimination lawsuit and from employment law claims?

Below are practices that I have found to be sound:
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In Friday’s post, I covered what types of conduct are regulated or prohibited by Federal Employment Law. The focus today is a critical one:

Who is covered by Federal Employment Law?

The is that most employers with at least 15 full-time employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

Yesterday’s post was What is Federal Employment Law?. Today’s post covers most of the areas that are covered by Federal Employment Law.

Federal employment discrimination laws prohibit a number of different activities including:
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Federal employment law is the body of laws passed by Congress and signed into law by the President that cover a variety of employment issues throughout the United States, for employers who are covered under the size qualifications of the various laws. Some of the federal employment laws are:

Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
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Q: Is my employer allowed to require me to work past my scheduled hours?
A: Employers have the right to schedule the minimum and maximum number of hours that employees may or may not work. Employers can change employees’ hours without notice and may require employees to work overtime.

Source: Oklahoma Employment Law Oklahoma Department of Labor